P. MASA NAICKER Vs. C. RANGASAMY

JUDGEMENT

(1.) The civil revision petition is filed against the fair and decreetal order dtd. 6/12/2022 passed in I.A.No.5 of 2022 in O.S.No.115 of 2019.

(2.) The revision petitioners are the defendants and the respondent / plaintiff, who instituted a Suit for declaration and injunction. The trial had commenced in the Suit and the examination of plaintiff's side witnesses were completed. The Suit was listed for part cross-examination of DW1 and at that point of time, in order to fill up lacuna and for the purpose of collecting evidence, the revision petitioners / defendants in the suit filed I.A.No.5 of 2022 for appointment of an Advocate Commissioner to measure the property and submit a report.

(3.) The Trial Court adjudicated the issues and made a finding that the trial had commenced and examination of plaintiff's side witnesses were concluded. When the Suit is listed for the part cross-examination of DW1, the Interlocutory Application is filed with an idea to fill up the lacunae and to collect further evidences to establish the case by the defendants. Accordingly, the petition was dismissed.